Ask a Question

Get free answers to your Divorce legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Divorce Questions & Answers
2 Answers | Asked in Divorce, Family Law and Tax Law for Ohio on
Q: How can I ask for more alimony in Ohio after my divorce without incurring high legal fees?

I finalized my divorce two years ago, and part of the agreement involved exchanging taxes every two years. My ex-spouse, who now earns significantly more than when our agreement was based on an $80k salary, suggested increasing my alimony by $100 cash monthly and offering his Travel points for... View More

Kenneth L. Sheppard Jr.
Kenneth L. Sheppard Jr.
answered on Mar 27, 2025

If you are not looking to incur legal fees, then you would need to seek out whether you can file a motion to modify the Decree. You would need to read the Ohio Revised Code Section for Spousal Support and see if you can file a motion to modify. Depending on the county you live in you should also... View More

View More Answers

2 Answers | Asked in Divorce, Family Law and Tax Law for Ohio on
Q: How can I ask for more alimony in Ohio after my divorce without incurring high legal fees?

I finalized my divorce two years ago, and part of the agreement involved exchanging taxes every two years. My ex-spouse, who now earns significantly more than when our agreement was based on an $80k salary, suggested increasing my alimony by $100 cash monthly and offering his Travel points for... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 28, 2025

If your separation agreement did not reserve the Court's jurisdiction to modify spousal support you cannot do so now. You should speak to your divorce lawyer and review the divorce agreement/decree and see whether jurisdiction to modify was reserved. If so you may file the motion to modify... View More

View More Answers

1 Answer | Asked in Divorce, Domestic Violence and Family Law for Nebraska on
Q: Seeking a divorce from husband in jail for domestic violence. No kids, property, or joint accounts.

I have been married for almost 13 years, but I'm seeking a divorce from my husband who is currently in jail for domestic violence. We have no children, property, or joint bank accounts. Both of us are on disability. How should I go about getting a divorce in this situation?

Julie Fowler
Julie Fowler
answered on Mar 27, 2025

If you can afford an attorney, you should retain an attorney to assist you. If that isn't an option for you, you can apply for pro bono services to obtain assistance of an attorney for free if you meet the income eligibility and similar requirements. For example, you may want to try... View More

Q: Are patents created in marriage community property if not disclosed in divorce?

During my 14+ year marriage, my ex-husband created patents, some personally and some as part of our business, which were not disclosed during our divorce finalized in 2017. These patents, now under his name, are believed to be generating significant revenue. My ex-husband refuses to communicate... View More

Emmanuel Coffy
PREMIUM
Emmanuel Coffy pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 26, 2025

Patents created during the marriage—whether individually or as part of a shared business—are typically considered community property and subject to division upon divorce, even if not disclosed initially. Because these patents and associated revenues were undisclosed during your 2017 divorce... View More

View More Answers

Q: Are patents created in marriage community property if not disclosed in divorce?

During my 14+ year marriage, my ex-husband created patents, some personally and some as part of our business, which were not disclosed during our divorce finalized in 2017. These patents, now under his name, are believed to be generating significant revenue. My ex-husband refuses to communicate... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Mar 26, 2025

You could file a request for adjudication of omitted assets. These types of motions are filed when an asset (or debt) was not disclosed during the divorce proceedings and is not divided or mentioned in your final divorce decree.

View More Answers

1 Answer | Asked in Divorce, Civil Litigation, Real Estate Law and Family Law for Ohio on
Q: Can dissolution paperwork be amended for proceeds of house sale since ex failed refinance requirement?

In my dissolution, my ex-husband was required to refinance the mortgage to remove my name within two years. He has not done this, and although he attempted to refinance in September 2024, he was laid off again and the mortgage remains in my name. There was a 'late' payment reported to my... View More

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 26, 2025

Yes, but you may not need to do that. So long as you are satisfied with receiving your percentage of equity from the sale from the title company, then all is well.

If you really want to force the refinance, you can always file a motion to show cause. But, if he's not making enough to...
View More

3 Answers | Asked in Divorce, Landlord - Tenant, Family Law and Real Estate Law for Florida on
Q: Can I remove my husband and his business from my sole-owned home in Florida?

I own the house we live in entirely, and my husband has not contributed financially to it. We have run his business from my home. He has been unfaithful for years, and I want to end the relationship. He claims he has 30 days to vacate after being served, but he has his own vacant house, so he will... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 26, 2025

Since you are married, it would be better to file a divorce case so that you have the court to back you up. Currently, by virtue of being married, you both have a right to the property so there is no legal basis to put him out or remove his belongings. Speak with a local family lawyer for more... View More

View More Answers

3 Answers | Asked in Divorce, Landlord - Tenant, Family Law and Real Estate Law for Florida on
Q: Can I remove my husband and his business from my sole-owned home in Florida?

I own the house we live in entirely, and my husband has not contributed financially to it. We have run his business from my home. He has been unfaithful for years, and I want to end the relationship. He claims he has 30 days to vacate after being served, but he has his own vacant house, so he will... View More

Opal Phiona Lee
PREMIUM
Opal Phiona Lee
answered on Mar 26, 2025

Unfortunately, Florida law does not permit "self-help" evictions. Therefore, you cannot simply remove your spouse's belongings and "evict" him. Furthermore, since you are married, there may be some marital component to the property. Therefore, it is best you schedule a... View More

View More Answers

3 Answers | Asked in Divorce, Landlord - Tenant, Family Law and Real Estate Law for Florida on
Q: Can I remove my husband and his business from my sole-owned home in Florida?

I own the house we live in entirely, and my husband has not contributed financially to it. We have run his business from my home. He has been unfaithful for years, and I want to end the relationship. He claims he has 30 days to vacate after being served, but he has his own vacant house, so he will... View More

Symantha Rhodes
Symantha Rhodes
answered on Mar 26, 2025

Even if the property is solely in your name, if it's considered the "marital residence," your husband may have certain rights to it during the divorce process. Florida courts aim for equitable distribution of marital assets. Simply because he has not contributed financially does not... View More

View More Answers

1 Answer | Asked in Divorce, Child Support and Family Law for Texas on
Q: Do I have at least 20-40 percent rights on the house if I divorce

Hi, I have been with my partner now for 17yrs but married for almost nine years. Living together for a total of 15 years. My husband surprised my children and I and bought us a house1 year before we wed. His name is the only name on the deed but I’ve bought all appliances and the entire home... View More

John Michael Frick
John Michael Frick
answered on Mar 25, 2025

If you can prove that you were married pursuant to common law at the time the home was purchased, the home is community property and subject to a just and right division upon divorce.

Otherwise, if the home was purchased by him before you were married, it is his separate property....
View More

2 Answers | Asked in Divorce, Child Custody and Family Law for California on
Q: Seeking advice on custody of 4 children amid divorce in California.

My wife wants a divorce, and I want custody of our four children, who are all five years old. We don't have any shared assets, and there are no existing custody arrangements. My wife also wants custody. We have attempted discussions, but nothing has been agreed upon. What should I do to pursue... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Mar 25, 2025

Requesting custody orders will be a part of your divorce proceedings. Someone files a Petition for Dissolution and the other party files a Response. Each person indicates in the Petition (and in the Response) what custodial arrangement they want. Then, concurrently with filing the Petition (or... View More

View More Answers

1 Answer | Asked in Divorce and Family Law for Georgia on
Q: How to respond to $25,000 legal fees request in GA divorce?

I'm going through a divorce initiated by my wife, and I currently don't have an attorney due to financial constraints. My wife's lawyer emailed me on Friday stating that they are submitting a request for me to pay $25,000 in legal fees to the court. I have not yet received any... View More

Tiffany R. Lunn-White
PREMIUM
Tiffany R. Lunn-White pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 23, 2025

First, you should make sure all of your contact information is correctly on file with the court. Second, you should ask them the reason they are requesting attorney fees. There are different legal arguments to be made to obtain attorney fees in a divorce therefore the reason is very important to... View More

1 Answer | Asked in Estate Planning, Divorce, Contracts and Civil Litigation for Texas on
Q: How can I contest a divorce and asset transfer done without notice while I was overseas?

I was overseas when my husband, who held power of attorney, transferred all our assets into his name, divorced me without any notice, and I was not served with any legal documents. The events occurred in Galveston, Texas. How can I challenge the divorce and the transfer of assets, and what are my... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 23, 2025

The attorney-in-fact under the POA is a fiduciary for his principal (you). Conveyances of the principal's assets to the agent, by the agent, are presumptively fraudulent. He could rebut the presumption, and it may have come under the divorce proceeding. Hire a TX attorney to file suit... View More

1 Answer | Asked in Divorce, Contracts and Domestic Violence for Pennsylvania on
Q: Is a prenup I signed under pressure, without legal advice, legally binding in PA?

My wife has filed for divorce, and the situation has been stressful due to a rumor about me cheating, which I deny. Recently, she pressured me to sign a prenuptial agreement so I wouldn't pursue our house in the divorce. She threatened to divorce me immediately if I didn’t sign. I had no... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 23, 2025

First of all, it appears that you signed a post-nuptial agreement, not a pre-nup. Post-nuptial means "after marriage". Typically, the burden is on the person claiming to have been unduly pressured to sign an agreement or contract. It's a high bar to get over but it may be possible.... View More

2 Answers | Asked in Divorce and Tax Law for California on
Q: Can my ex stop alimony due to retirement if I can't work and there's no clause in our agreement?

I have been receiving alimony for 12 years following a divorce agreement that stated it was for life since I was a stay-at-home mom for 27 years. My ex-spouse is retiring and wants to terminate alimony payments. We discussed a lump sum payment to end alimony, but the amount offered does not account... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Mar 22, 2025

You keep using words like "divorce", "agreement". and "alimony". You then say there is no "court involvement" Is there a Judgment? A court order re support? Or not? A court order/Judgment is enforceable until it is modified or terminated by another... View More

View More Answers

1 Answer | Asked in Divorce and Family Law for Georgia on
Q: Next step in GA uncontested divorce if husband doesn't respond to summons?

I filed for an uncontested divorce in Cherokee County, GA on February 10, 2025. My husband was served with the court summons on February 20, 2025. We have been separated for thirteen years and have no marital debt, no assets to divide, and our children are now adults. I have completed the family... View More

Sharon Jackson
PREMIUM
Sharon Jackson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 21, 2025

If you are both pro se (meaning that neither of you have a lawyer, but represent yourself) the court will likely reach out to you to schedule a hearing. If you hire a qualified family law attorney, they can file paperwork to get a hearing set for you and review your paperwork to ensure that... View More

1 Answer | Asked in Divorce, Real Estate Law and Contracts for Texas on
Q: Am I responsible for a joint HELOC loan after divorce?

I'm in the process of selling a property after a divorce. The divorce decree clearly states that I have no debt, yet there is a HELOC loan taken jointly by my ex-spouse and me. Am I responsible for the HELOC loan repayment during the sale of the property considering the terms of the divorce decree?

Steven Buitron
PREMIUM
Steven Buitron pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 21, 2025

Under Texas law, your divorce decree may state that you are not responsible for any debts, but lenders are not bound by divorce decrees—they are only bound by the original loan agreement. If you signed the HELOC (Home Equity Line of Credit) jointly, the lender can still hold you personally... View More

1 Answer | Asked in Divorce, Elder Law and Criminal Law for North Carolina on
Q: What legal actions can protect an elderly man whose wife is married to someone else?

An elderly man married a woman 13 years younger who has allegedly used him and spent his money. He is unaware that she is still married to another man in a different state. His family has hired a private investigator due to her alienating behavior and other red flags. What legal actions can be... View More

Ethan A. Trice
Ethan A. Trice
answered on Mar 20, 2025

There is a lot to unpack there. Firstly, he didn't marry anyone. If she was married to someone else when she "married" that elderly man, the marriage to the elderly man is void (bigamy is illegal in NC).

Secondly, if she abused his funds, she could be guilty of a felony...
View More

3 Answers | Asked in Divorce, Real Estate Law and Contracts for Maryland on
Q: Divorce and house buyout: future sale costs in Maryland

In a Maryland divorce case, my spouse and I jointly own a home. My spouse is keeping the house and buying me out. Their attorney is proposing that the potential future cost of sale be divided in half and subtracted from my buyout portion. We have no terms in our divorce agreement or prior... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Mar 20, 2025

Hopefully an agreement will be very clear about the buyout (e.g., A will pay B $X or 1/2 of appraised value less mortgage or whatever it might be). Any questions about a specific agreement are best posed to the counsel who helped draft that agreement, and your specific wording may lead to a... View More

View More Answers

3 Answers | Asked in Divorce, Real Estate Law and Contracts for Maryland on
Q: Divorce and house buyout: future sale costs in Maryland

In a Maryland divorce case, my spouse and I jointly own a home. My spouse is keeping the house and buying me out. Their attorney is proposing that the potential future cost of sale be divided in half and subtracted from my buyout portion. We have no terms in our divorce agreement or prior... View More

Mark Oakley
Mark Oakley
answered on Mar 25, 2025

Your agreement should spell out any deductions. If the language does not provide for spitting the hypothetical costs of sale to a third party, then you should not assume that such a deduction is required; in fact, it could very well be the opposite. Take your marital property agreement to your... View More

View More Answers

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.